BILL NUMBER: SB 1019	CHAPTERED  10/10/99

	CHAPTER   635
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	AMENDED IN ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 13, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Vasconcellos

                        FEBRUARY 26, 1999

   An act to amend Section 831.5 of the Penal Code, relating to crime
prevention, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1019, Vasconcellos.  Public officers:  Santa Clara County.
   Existing law defines a custodial officer as a public officer, not
a peace officer, employed by a law enforcement agency of specified
counties, who has specified authority and responsibility.  The duties
of this custodial officer may include the serving of warrants, court
orders, writs, and subpoenas in a detention facility or under
circumstances arising directly out of maintaining custody of
prisoners and related tasks.
   This bill would include Santa Clara County among the specified
counties and would authorize custodial officers employed by the Santa
Clara County Department of Corrections to perform certain additional
duties that also may be performed at the Santa Clara Valley Medical
Center under specified circumstances.  This bill would provide that
these provisions do not authorize a custodial officer to carry or
possess a firearm when the officer is not on duty and express the
intent of the Legislature regarding the purpose of these provisions.

   The bill would declare that it is to take effect immediately, as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 831.5 of the Penal Code, as amended by Section
8 of Chapter 606 of the Statutes of 1998, is amended to read:
   831.5.  (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, or a county having a
population of 425,000 or less who has the authority and
responsibility for maintaining custody of prisoners and performs
tasks related to the operation of a local detention facility used for
the detention of persons usually pending arraignment or upon court
order either for their own safekeeping or for the specific purpose of
serving a sentence therein.  Custodial officers of a county shall be
employees of, and under the authority of, the sheriff, except in
counties in which the sheriff, as of July 1, 1993, is not in charge
of and the sole and exclusive authority to keep the county jail and
the prisoners in it.  A custodial officer includes a person
designated as a correctional officer, jailer, or other similar title.
  The duties of a custodial officer may include the serving of
warrants, court orders, writs, and subpoenas in the detention
facility or under circumstances arising directly out of maintaining
custody of prisoners and related tasks.  In counties having a
population of 100,000 or less, a custodial officer may be assigned by
the sheriff as a court bailiff on an interim basis, and, when under
the direction of the sheriff, a custodial officer assigned as a court
bailiff may carry or possess firearms.
   (b) Notwithstanding any other provision of law, during a state of
emergency as defined in Section 8558 of the Government Code, a
custodial officer may be assigned limited law enforcement
responsibilities under the supervision of a peace officer.  While on
this assignment, the custodial officer may exercise the powers of
arrest pursuant to Section 836.5.
   (c) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while assigned as a
court bailiff or engaged in transporting prisoners, guarding
hospitalized prisoners, or suppressing jail riots, lynchings,
escapes, or rescues in or about a detention facility falling under
the care and custody of the sheriff or chief of police.
   (d) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832.  In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035.  Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed the
required training, shall not carry or possess firearms in the
performance of their prescribed duties, but may perform the duties of
a custodial officer only while under the direct supervision of a
peace officer, as described in Section 830.1, who has completed the
training prescribed by the Commission on Peace Officer Standards and
Training, or a custodial officer who has completed the training
required in this section.
   (e) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (f) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (g) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer, may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant, may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job, may release without further
criminal process persons arrested for intoxication, and may release
misdemeanants on citation to appear in lieu of or after booking.
   (h) Custodial officers employed by the Santa Clara County
Department of  Corrections are authorized to perform the following
additional duties in the facility:
   (1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
   (2) Search property, cells, prisoners, or visitors.
   (3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
   (4) Conduct searches and seizures pursuant to a duly issued
warrant.
   (5) Segregate prisoners.
   (6) Classify prisoners for the purpose of housing or participation
in supervised activities.
   These duties may be performed at the Santa Clara Valley Medical
Center as needed and only as they directly relate to guarding
inpatient, in-custody inmates.  This subdivision shall not be
construed to authorize the performance of any law enforcement
activity involving any person other than the inmate or his or her
visitors.
   (i) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
  (j) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County.  These duties are the same
duties of the custodial officers prior to the date of enactment of
Senate Bill 1019 of the 1999-2000 Regular Session of the Legislature
pursuant to local rules and judicial decisions.  It is further the
intent of the Legislature that all issues regarding compensation for
custodial officers remain subject to the collective bargaining
process between the County of Santa Clara and the authorized
bargaining representative for the custodial officers.  However,
nothing in this section shall be construed to assert that the duties
of custodial officers are equivalent to the duties of deputy sheriffs
nor to affect the ability of the county to negotiate pay that
reflects the different duties of custodial officers and deputy
sheriffs.
   (k) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 2.  Section 831.5 of the Penal Code, as added by Section 8.5
of Chapter 606 of the Statutes of 1998, is amended to read:
   831.5.  (a) As used in this section, a custodial officer is a
public officer, not a peace officer, employed by a law enforcement
agency of San Diego County, Fresno County, Kern County, Stanislaus
County, Riverside County, Santa Clara County, or a county having a
population of 425,000 or less who has the authority and
responsibility for maintaining custody of prisoners and performs
tasks related to the operation of a local detention facility used for
the detention of persons usually pending arraignment or upon court
order either for their own safekeeping or for the specific purpose of
serving a sentence therein.  Custodial officers of a county shall be
employees of, and under the authority of, the sheriff, except in
counties in which the sheriff, as of July 1, 1993, is not in charge
of and the sole and exclusive authority to keep the county jail and
the prisoners in it.  A custodial officer includes a person
designated as a correctional officer, jailer, or other similar title.
  The duties of a custodial officer may include the serving of
warrants, court orders, writs, and subpoenas in the detention
facility or under circumstances arising directly out of maintaining
custody of prisoners and related tasks.
   (b) A custodial officer has no right to carry or possess firearms
in the performance of his or her prescribed duties, except, under the
direction of the sheriff or chief of police, while engaged in
transporting prisoners; guarding hospitalized prisoners; or
suppressing jail riots, lynchings, escapes, or rescues in or about a
detention facility falling under the care and custody of the sheriff
or chief of police.
   (c) Each person described in this section as a custodial officer
shall, within 90 days following the date of the initial assignment to
that position, satisfactorily complete the training course specified
in Section 832.  In addition, each person designated as a custodial
officer shall, within one year following the date of the initial
assignment as a custodial officer, have satisfactorily met the
minimum selection and training standards prescribed by the Board of
Corrections pursuant to Section 6035.  Persons designated as
custodial officers, before the expiration of the 90-day and one-year
periods described in this subdivision, who have not yet completed the
required training, shall not carry or possess firearms in the
performance of their prescribed duties, but may perform the duties of
a custodial officer only while under the direct supervision of a
peace officer, as described in Section 830.1, who has completed the
training prescribed by the Commission on Peace Officer Standards and
Training, or a custodial officer who has completed the training
required in this section.
   (d) At any time 20 or more custodial officers are on duty, there
shall be at least one peace officer, as described in Section 830.1,
on duty at the same time to supervise the performance of the
custodial officers.
   (e) This section shall not be construed to confer any authority
upon any custodial officer except while on duty.
   (f) A custodial officer may use reasonable force in establishing
and maintaining custody of persons delivered to him or her by a law
enforcement officer; may make arrests for misdemeanors and felonies
within the local detention facility pursuant to a duly issued
warrant; may make warrantless arrests pursuant to Section 836.5 only
during the duration of his or her job; may release without further
criminal process persons arrested for intoxication; and may release
misdemeanants on citation to appear in lieu of or after booking.
   (g) Custodial officers employed by the Santa Clara County
Department of  Corrections are authorized to perform the following
additional duties in the facility:
   (1) Arrest a person without a warrant whenever the custodial
officer has reasonable cause to believe that the person to be
arrested has committed a misdemeanor or felony in the presence of the
officer that is a violation of a statute or ordinance that the
officer has the duty to enforce.
   (2) Search property, cells, prisoners or visitors.
   (3) Conduct strip or body cavity searches of prisoners pursuant to
Section 4030.
   (4) Conduct searches and seizures pursuant to a duly issued
warrant.
   (5) Segregate prisoners.
   (6) Classify prisoners for the purpose of housing or participation
in supervised activities.
   These duties may be performed at the Santa Clara Valley Medical
Center as needed and only as they directly relate to guarding
inpatient, in-custody inmates.  This subdivision shall not be
construed to authorize the performance of any law enforcement
activity involving any person other than the inmate or his or her
visitors.
   (h) Nothing in this section shall authorize a custodial officer to
carry or possess a firearm when the officer is not on duty.
   (i) It is the intent of the Legislature that this section, as it
relates to Santa Clara County, enumerate specific duties of custodial
officers (known as "correctional officers" in Santa Clara County)
and to clarify the relationships of the correctional officers and
deputy sheriffs in Santa Clara County.  These duties are the same
duties of the custodial officers prior to the date of enactment of
Senate Bill 1019 of the 1999-2000 Regular Session of the Legislature
pursuant to local rules and judicial decisions.  It is further the
intent of the Legislature that all issues regarding compensation for
custodial officers remain subject to the collective bargaining
process between the County of Santa Clara and the authorized
bargaining representative for the custodial officers.  However,
nothing in this section shall be construed to assert that the duties
of custodial officers are equivalent to the duties of deputy sheriffs
nor to affect the ability of the county to negotiate pay that
reflects the different duties of custodial officers and deputy
sheriffs.
   (j) This section shall become operative on January 1, 2003.
  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to finally, fully, and expeditiously implement the voters'
wishes in creating the county department of corrections, giving it
explicit direction to operate the county jails for all sentenced and
unsentenced prisoners under authority of the county board of
supervisors, it is necessary that this act take effect immediately.
